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<br />operation of the Development; provided, that this indemnification shall not apply to the
<br />warranties made or obligations undertaken by the Authority in this Agreement.
<br />(c) The Authority makes no warranties or representations regarding, nor does it
<br />indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of
<br />the Development Property or anywhere within the TIF District of any toxic or hazardous
<br />substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea
<br />formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum
<br />products including gasoline, fuel oil, crude oil and various constituents of such products, or any
<br />hazardous substance as defined in the Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9657, as amended) (collectively, the
<br />"Hazardous Substances"). The foregoing disclaimer relates to any Hazardous Substance
<br />allegedly generated, treated, stored, released or disposed of, or otherwise placed, deposited in or
<br />located on or in the vicinity of the Development Property or within the TIF District, as well as
<br />any activity claimed to have been undertaken on or in the vicinity of the Development Property
<br />that would cause or contribute to causing (1) the Development Agreement to become a
<br />treatment, storage or disposal facility within the meaning of, or otherwise bring the Development
<br />Agreement within the ambit of, the Resource Conservation and Recovery Act of 1976
<br />("RCRA"), 42 U.S.C. § 6901 et sem., or any similar state law or local ordinance, (2) a release or
<br />threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from
<br />the Development Property within the meaning of, or otherwise bring any Development Property
<br />within the ambit of, CERCLA, or any similar state law or local ordinance, or (3) the discharge of
<br />pollutants or effluents into any water source or system, the dredging or filling of any waters or
<br />the discharge into the air of any emissions, that would require a permit under the Federal Water
<br />Pollution Control Act, 33 U.S.C. § 1251 et M., or any similar state law or local ordinance.
<br />Further, the Authority makes no warranties or representations regarding, nor does the Authority
<br />indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of
<br />the Development Project or anywhere within the TIF District of any substances or conditions in
<br />or on the Development Property that may support a claim or cause of action under RCRA,
<br />CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or
<br />other environmental regulatory requirements, including without limitation, the Minnesota
<br />Environmental Response and Liability Act, Minnesota Statutes, Chapter I I5B. The Authority
<br />makes no representations or warranties regarding the existence of any above ground or
<br />underground tanks in or about the Development Property, or whether any above or underground
<br />tanks have been located under, in or about the Development Property and have subsequently
<br />been removed or filled.
<br />(d) The Developer waives any claims against the Authority and the City, and their
<br />respective members and boards, for indemnification, contribution, reimbursement or other
<br />payments arising under federal and state law and the common law or relating to the
<br />environmental condition of the land comprising the Development Property.
<br />Section 12.4 Limitation. All covenants, stipulations, promises, agreements and
<br />obligations of the Authority, the City or the Developer contained in this Agreement shall be
<br />deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority
<br />or the Developer, respectively, and not of any governing body member, officer, agent, servant or
<br />employee of the Authority or the Developer in the individual capacity thereof.
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